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춘천지방법원 2014.03.26 2013가합1921

계약해제

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 8, 200, the Plaintiff: (a) purchased each real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”) from the Defendant (the Plaintiff’s trade name was a “stock company C,” but changed to the current trade name on March 31, 2009); (b) KRW 250 million in the purchase price; (c) KRW 1 billion in the purchase price; and (d) KRW 50 million in the first intermediate payment and KRW 100 million in the remainder payment and KRW 100 million in the intermediate payment were to be paid to the Plaintiff by March 31, 2001 according to the above sales contract; and (d) KRW 50 million in the total the down payment and KRW 50 million in the intermediate payment on the date of the contract; and (e) in accordance with the above sales contract, the Plaintiff paid the down payment and KRW 100 million in the intermediate payment to the Plaintiff.

B. Following the validity of the above sales contract, the plaintiff filed a lawsuit against D and D seeking payment of the remaining purchase price of KRW 200 million on June 13, 2003 at Seoul High Court, which held that "D shall pay to the plaintiff the amount of KRW 200 million and the intermediate payment of KRW 100 million from August 8, 2000 on the date following the payment date until March 31, 2001 (hereinafter "related judgment") was sentenced (hereinafter "related judgment") to "the Seoul High Court 2001Na7506 (main claim), 2001Na7503 (Counterclaim), 201Na75013 (Counterclaim), which was dismissed on February 26, 2004)."

C. After the judgment became final and conclusive on February 27, 2004, the Plaintiff notified the assignment of claims to D by content-certified mail to the Plaintiff’s wife on the same day. After that, the Plaintiff and the Defendant divided the instant real estate, which is farmland on March 10, 2004, and the Nonparty’s real estate, which is not farmland, into real estate and non-party’s real estate, and the Defendant paid the purchase price of KRW 150 million to G, and immediately register the transfer of ownership under the name of the Defendant.